Real estate is a unique industry, very sensitive, directly and immediately affected by changes in land laws and policies.
According to lawyer Nguyen Thanh Ha belonging to the Hanoi Bar Association, the revised Land Law has many provisions adjusted in the direction of protecting maximum benefits for the people.
The following are some notable new points between the revised Land Law and the 2013 Land Law that he reviewed.
Innovation of regulations on regulations Land use planning and plans
The revised Land Law has completed regulations on land use planning and plans in the direction of innovating the process, content, and methods of planning planning and land use plans.
Including enhancing publicity, transparency, and people’s participation in land use planning through organizing consultations ants; supplement and complete regulations on the exercise of land users’ rights in planned areas.
Land use planning has been announced but there is no land use plan Every year at the district level, land users can continue to use and exercise their rights as land users. Localities are decentralized in determining planning targets so that localities can proactively develop their socio-economic development.
Innovations in planning regulations and land use plans will be the foundation for using land resources as input for the socio-economic development process. The effectiveness and efficiency of land management and use are improved, creating motivation to turn our country into a developed country with high income as the Party and State’s policy.
Regulations Specify cases of land recovery for socio-economic development
Regarding recovery, compensation and resettlement support, the amended Land Law has specific provisions cases where the state recovers land for socio-economic development for national and public benefits.
These cases must be project (1) construction construction of public works; 2) construction of state agency headquarters; 3) other cases include many criteria groups such as: housing, land fund development, underground works and housing cases. Countries recover land for auction to increase budget revenue.
In addition, the law also specifically stipulates the order and procedures for land recovery for socio-economic development for the benefit of the nation and the public. plus many new points, ensuring democracy, objectivity, fairness, publicity, transparency, timeliness and compliance with the law.
This is also for the common benefit of the community and for the sustainable, civilized and modern development of the local community; Pay attention to social policy subjects and direct agricultural production subjects.
Along with that, there are steps to implement compensation, resettlement support, and land recovery to ensure the principle of participation of people in the area. stages to ensure the principle that people whose land is recovered are compensated and resettled before land recovery.
Land recovery to develop commercial housing projects
Land recovery to develop commercial housing projects is one of the cases of land recovery specified in Clause 27, Article 79 of the amended Land Law on land recovery for economic development. – society for the national public benefit.
The law stipulates that the State can recover land to implement commercial housing projects, mixed housing projects and business tradeservice but only in the case of “projects investment in the construction of urban areas”.
The law also clarifies the nature of urban area projects subject to consideration for recovery as “investment projects to build urban areas with serving a synchronous mixture of technical and social infrastructure systems with housing in accordance with the law on construction.
When carrying out land recovery in the cases specified in Article 79 will have to meet the conditions specified in Article 80 on “Basis of conditions for land recovery for national defense and security purposes; socio-economic development for the national public benefit”.
The design of the above regulations follows the provisions of the 2013 Land Law to ensure the strictness of clear regulations on standard conditions. Land recovery to implement commercial housing projects.
This regulation ensures more strictness in land recovery to develop commercial housing projects in the amended Land Law. an important step to ensure people’s rights and avoid abuse of land acquisition.
Cases of land allocation not through auction
Regarding land allocation, land lease allowing change of land use purpose The revised Land Law has specifically stipulated cases of land allocation not through auction and cases that must go through auction of land use rights. Bidding for selecting investors to implement projects using land specifically stipulates cases of land lease with one-time payment for the entire rental period in accordance with the spirit of Resolution No. 18 of the Central Committee.
The law has specifically stipulated the conditions for authority to allow change of land use purpose, which decentralizes the entire authority to approve the change of use purpose of rice cultivation land, protection forest land, special use forest land, and production forest land as natural forests. to the Provincial People’s Council.
It clearly stipulates that individual households that are using land and wish to change the use purpose of agricultural land in residential areas, agricultural land in the same plot of land with residential land to Residential land or changing the use purpose of non-agricultural land other than residential land to residential land is based on the district-level land use planning approved by the competent authority to allow the change of use purpose. land without relying on the annual district-level land use plan.
Provide regulations to reduce intermediaries in land allocation and land lease
The revised Land Law promotes decentralization and decentralization in exercising the right to represent the entire people’s ownership of land, unifying management in the direction of enhancing local responsibility and strict inspection and supervision by the Central Government; Reduce intermediaries, reduce intermediaries associated with administrative reform, reduce negative troubles.
Intermediaries in land allocation and land lease in economic zones, high-tech zones, airports and airports are reduced. Administrative procedures are focused on reform, simplicity and transparency so that people can conveniently carry out the procedures.
Land price list is updated annually
The amended Land Law stipulates the promulgation of annual land price lists to ensure adherence to actual market developments and expand the scope of application of land price lists.
The amended law also stipulates The Provincial People’s Committee is responsible for submitting to the People’s Council a decision to adjust, amend, and supplement the land price list to announce and apply from January 1 of the following year or adjust, amend, and supplement during the year and assign the Government to make detailed regulations to ensure The land price list will be updated in accordance with reality.
Specific regulations on the issuance of Land Use Rights Certificates in cases of current use no land have documents
In case a household or individual is using land without documents on land use rights without violating the land law, it does not fall into the case of land assigned without proper authority.
Accordingly, households and individuals using land before December 18, 1980, and the commune confirms there is no dispute, will be granted a Certificate of land use rights and ownership of attached assets. attached to land as follows:
For plots of land with houses and buildings to serve daily life, if the area of the land plot is equal to or larger than the residential land recognition limit as prescribed in Clause 5, Article 141 of this Law, the area of residential land is recognized equal to the residential land recognition limit and no land use fee must be paid.
For plots of land with houses, houses and works to serve daily life If the area of the land plot is smaller than the residential land recognition limit specified in Clause 5, Article 141 of this Law, the residential land area is determined to be the entire area of that land plot and no land use fee must be paid.
For plots of land used for non-agricultural production, business, trade and service purposes, non-agricultural production and business land shall be recognized according to the actual used area; The form of land use is recognized as the form of land allocation with collection of land use fees. The land use term is stable and long-term.
